Government Notices

Yaz Plaintiffs Denied Access to Bayer Secrets

Date Published: Friday, November 18th, 2011

US District Judge David Herndon has denied a motion to remove confidentiality from 48 off the 22 million documents produced by Bayer over lawsuits claiming that women were injured by the Yaz and Yasmin contraceptives.

“Litigants do not have an unfettered First Amendment right to disseminate documents obtained through the discovery process,” he wrote

The ruling comes due to a move by a plaintiff steering committee leader, Roger Denton of Webster Groves, MO., who wanted to introduce 58 documents at a public meeting of the US FDA on behalf of Kaitlyn Dietrick. Groves said that without doing so, the FDA could possibly overlook health risks relating to oral contraceptives which contain drospirenone. Herndon said that plaintiffs can not reveal the secrets contained in the documents to the world, and added that dissemination of 28 of the documents would violate German privacy laws. He also said that other documents “constitute trade secrets such that their dissemination would prove economically advantageous to defendant’s competitors,” and that other documentation would reveal intellectual property. Concerning German law, Denton wrote “The weight of these European laws does not even come close to that which is needed to tip the balance against the First Amendment here,” and that Bayer’s German entities, “are enjoying immense benefits by conducting business in our country,” and that Dietrick was nearly killed by the medication.”

In his ruling, Herndon wrote that Dietrick would not be able to present the documents “without compromising the integrity of the instant discovery process as well as the controlling German privacy laws,” and then quoted a Supreme Court ruling that, “A litigant has no First Amendment right of access to information made available only for purposes of trying his suit.”

Yaz Plaintiffs Denied Access to Bayer Secrets

Date Published: Friday, November 18th, 2011

US District Judge David Herndon has denied a motion to remove confidentiality from 48 off the 22 million documents produced by Bayer over lawsuits claiming that women were injured by the Yaz and Yasmin contraceptives.

“Litigants do not have an unfettered First Amendment right to disseminate documents obtained through the discovery process,” he wrote

The ruling comes due to a move by a plaintiff steering committee leader, Roger Denton of Webster Groves, MO., who wanted to introduce 58 documents at a public meeting of the US FDA on behalf of Kaitlyn Dietrick. Groves said that without doing so, the FDA could possibly overlook health risks relating to oral contraceptives which contain drospirenone. Herndon said that plaintiffs can not reveal the secrets contained in the documents to the world, and added that dissemination of 28 of the documents would violate German privacy laws. He also said that other documents “constitute trade secrets such that their dissemination would prove economically advantageous to defendant’s competitors,” and that other documentation would reveal intellectual property. Concerning German law, Denton wrote “The weight of these European laws does not even come close to that which is needed to tip the balance against the First Amendment here,” and that Bayer’s German entities, “are enjoying immense benefits by conducting business in our country,” and that Dietrick was nearly killed by the medication.”

In his ruling, Herndon wrote that Dietrick would not be able to present the documents “without compromising the integrity of the instant discovery process as well as the controlling German privacy laws,” and then quoted a Supreme Court ruling that, “A litigant has no First Amendment right of access to information made available only for purposes of trying his suit.”

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